Patent claim mapping

ABSTRACT

A system and computer implemented method of patent mapping are provided. The method comprises maintaining a database of patent portfolios and a database of patents, each patent stored in the database of patents associated with one or more patent portfolios stored in the database of patent portfolios; maintaining a database of ontologies, the ontologies including one or more patent concepts in defined groups; receiving a search query associated with a first patent portfolio; searching the first portfolio as a function of the search query; generating search results, the search results including one or more patent claims associated with the search query; and mapping the one or more patent claims to a patent concept in a defined group.

RELATED APPLICATIONS

This application claims the benefit under 35 U.S.C. 119(e) of U.S.Provisional Patent Application Ser. No. 61/542,515 filed Oct. 3, 2011,which is incorporated herein by reference in its entirety and made apart hereof. This application also claims the benefit under 35 U.S.C.119(e) of U.S. Provisional Patent Application Ser. No. 61/561,502 filedNov. 18, 2011, which is incorporated herein by reference in its entiretyand made a part hereof.

This application is related to U.S. patent application Ser. No.12/605,030, entitled “Patent Mapping” by Steve W. Lundberg and Thomas G.Marlow filed Oct. 23, 2009, which is incorporated herein by reference inits entirety and made a part hereof. U.S. patent application Ser. No.12/605,030 claims the benefit under 35 U.S.C. 119 (e) of U.S.Provisional Patent Application Ser. No. 61/107,930 filed Oct. 23, 2008,which is also incorporated herein by reference in its entirety and madea part hereof.

BACKGROUND

The management of a patent portfolio involves multiple stages.Initially, a decision is made as to what inventions are worth theinvestment of filing a patent application. Then, each filed patentapplication goes through prosecution with the patent office. Finally,for each patent that is allowed, maintenance fees are usually payable ata variety of intervals to keep the patent in force. Quick claim scope orrelevancy determination is important in managing the assessment of largevolumes of patent matters in a patent portfolio.

Tools for identifying patents for a particular purpose such as a priorart search, validity analysis, or a freedom to operate investigation,operate by performing Boolean queries using various search operators.These operators allow for searching by date, terms, document number, andpatent classification, among others. These tools further allow forsearching individual document portions such as a document title,abstract, or claim set.

Other searching tools accept freeform text. Such tools accept a freeformtext block and extract information from the text block deemed mostlikely to return acceptable results. However, such tools are stilllimited to only performing Boolean queries and displaying a list ofresults.

These search tools often provide large numbers of results, most of whichare irrelevant. These tools fail to present results in a manner allowingfor quick relevancy determinations. The presentation also fails toprovide enough detail suggesting how to adjust a search for obtainingonly relevant results. Further, the search tools provide the documentsof the result set in a manner very similar to the traditional paperformat of the documents. Quick relevancy determination is important inmanaging the assessment of large volumes of prior art for potentialcitation to government patent agencies.

BRIEF DESCRIPTION OF DRAWINGS

Some embodiments are illustrated by way of example and not limitation inthe figures of the accompanying drawings in which:

FIG. 1 is a system component diagram, according to an exampleembodiment.

FIG. 2 is a block diagram of a patent management system, according to anexample embodiment.

FIGS. 3A-3F are flow charts showing methods, according to exampleembodiments.

FIGS. 4-9 are user interfaces, according to example embodiments.

FIGS. 10-16 are example generated charts, according to exampleembodiments.

FIG. 17 is a user interface, according to an example embodiment.

FIG. 18 is a block diagram of machine in the example form of a computersystem within which a set of instructions may be executed for causingthe machine to perform any one or more of the methodologies hereindiscussed.

DETAILED DESCRIPTION

The life cycle of a patent may include multiple stages. These stagesgenerally include invention, filing a patent application on theinvention, prosecuting the patenting application to allowance orabandonment, determining whether to file any continuing applications,and paying maintenance fees on the allowed patent.

At each stage, one or more parties determine the best course of actionto take with respect to the invention. For example, when determiningwhether or not to file a patent, the inventor may know what products areout in the technology area of the invention, a business manager may knowhow the invention fits in with a company's goals, and a patent attorneymay have researched existing patents or application in the technologyarea of the patent. These parties will ultimately decide whether it isworth the initial investment of filing an application on the inventionand then determine the next course of action at each future stage.

In some instances, an inventor, business manager or portfolio managermay wish to monitor the patent activities of one or more competitors.The provision of up-to-date information relating to cited references ortechnology trends in the art to which a user's or competitor's patentportfolio relates may be particularly helpful in devising patentingstrategy or making informed business decisions.

Tools

In various embodiments, a patent management system includes tools tohelp the parties involved in the patenting process make decisions ateach stage in the life of a patent. These tools may also be used forgeneral research by parties not immediately involved with the patentingof the invention. Additionally, these tools may be used as standalonetools, in combination with other tools, and in combination with otherpatent management systems. Examples of tools include, but are notlimited to, prosecution analytics, reference management, prior artanalytics, docketing management, claim mapping, claim analytics,portfolio analytics, external database (e.g., PAIR) analytics, annuitymanagement, and strategic monitoring.

Meaning of Certain Terms

The systems, methods and tools of the present disclosure set forth inthis specification are described in relation to a patent managementsystem and patent matters, but it will be understood that embodiments ofthe present invention could equally be applied to other forms ofintellectual property (trademarks, copyright, registered designs, andthe like). Moreover, the term “patent” is not intended to be limited toan issued patent, but may include a pending patent application orun-filed application or invention disclosure. The term “user” isintended to cover any person interacting with the patent managementsystem. A user may be an inventor, portfolio manager, business manageror patent attorney, for example.

Computer Network System

FIG. 1 is a schematic view of computer network system 100 according tovarious embodiments. The computer network system 100 includes patentmanagement system 102 and user terminal 104 communicatively coupled vianetwork 106. In an embodiment, patent management system 102 includes webserver 108, application server 110, and database management server 114,which may be used to manage at least operations database 116 and fileserver 118. Patent management system 102 may be implemented as adistributed system; for example, one or more elements of the patentmanagement system 102 may be located across a wide-area network (WAN)from other elements of patent management system 102. As another example,a server (e.g., web server 108, file server 118, database managementserver 114) may represent a group of two or more servers, cooperatingwith each other, provided by way of a pooled, distributed, or redundantcomputing model.

Network

Network 106 may include local-area networks (LAN), wide-area networks(WAN), wireless networks (e.g., 802.11 or cellular network), the PublicSwitched Telephone Network (PSTN) network, ad hoc networks, personalarea networks (e.g., Bluetooth) or other combinations or permutations ofnetwork protocols and network types. The network 106 may include asingle local area network (LAN) or wide-area network (WAN), orcombinations of LAN's or WAN's, such as the Internet. The variousdevices/systems coupled to network 106 may be coupled to network 106 viaone or more wired or wireless connections.

Web Server

Web server 108 may communicate with file server 118 to publish or servefiles stored on file server 118. Web server 108 may also communicate orinterface with the application server 110 to enable web-basedapplications and presentation of information. For example, applicationserver 110 may consist of scripts, applications, or library files thatprovide primary or auxiliary functionality to web server 108 (e.g.,multimedia, file transfer, or dynamic interface functions). Applicationsmay include code, which when executed by one or more processors, run thetools of patent management system 102. In addition, application server110 may also provide some or the entire interface for web server 108 tocommunicate with one or more of the other servers in patent managementsystem 102 (e.g., database management server 114).

Web server 108, either alone or in conjunction with one or more othercomputers in patent management system 102, may provide a user-interfaceto user terminal 104 for interacting with the tools of patent managementsystem 102 stored in application server 110. The user-interface may beimplemented using a variety of programming languages or programmingmethods, such as HTML (HyperText Markup Language), VBScript (VisualBasic® Scripting Edition), JavaScript™, XML® (Extensible MarkupLanguage), XSLT™ (Extensible Stylesheet Language Transformations), AJAX(Asynchronous JavaScript and XML), Java™, JFC (Java™ FoundationClasses), and Swing (an Application Programming Interface for Java™).

User Terminal

User terminal 104 may be a personal computer or mobile device. In anembodiment, user terminal 104 includes a client program to interfacewith patent management system 102. The client program may includecommercial software, custom software, open source software, freeware,shareware, or other types of software packages. In an embodiment, theclient program includes a thin client designed to provide query and datamanipulation tools for a user of user terminal 104. The client programmay interact with a server program hosted by, for example, applicationserver 110. Additionally, the client program may interface with databasemanagement server 114.

Operations Database

Operations database 116 may be composed of one or more logical orphysical databases. For example, operations database 116 may be viewedas a system of databases that when viewed as a compilation, represent an“operations database.” Sub-databases in such a configuration may includea matter database, a portfolio database, a user database, a mappingdatabase and an analytics database. Operations database 116 may beimplemented as a relational database, a centralized database, adistributed database, an object oriented database, or a flat database invarious embodiments.

Framework, Data Structure and Sources

In various embodiments, the tools of the patent management system 102share a common framework. The framework may have a base organizationunit of a matter. In various embodiments, a matter is an issued patentor patent application that includes one or more patent claims. In anembodiment, a matter is generally identified by its patent number orpublication number. Identification may mean either identification as itrelates to a user of the patent management system 102 or within thepatent management system 102. Thus, a user may see a matter listed asits patent number while internally a database of the patent managementsystem 102 may identify it by a random number. One or more matters maybe associated with prior art or cited references stored in a referenceor prior art database.

One or more matters may be grouped together to form a portfolio. Amatter may also be associated with one or more other matters in afamily. A family member may be a priority matter, a continuing (e.g.,continuation, divisional) matter, or foreign counter-part member. Familymembers may be determined according to a legal status database such asINPADOC.

Data stored in a first database may be associated with data in a seconddatabase through the use of common data fields. For example, considerentries in the matter database formatted as [Matter ID, Patent Number]and entries in the portfolio database formatted as [Portfolio ID, MatterID]. In this manner, a portfolio entry in the portfolio database isassociated with a matter in the matter database through the Matter IDdata field. In various embodiments, a matter may be associated with morethan one portfolio by creating multiple entries in the portfoliodatabase, one for each portfolio that the matter is associated with. Inother embodiments, one or more patent reference documents may beassociated with a patent by creating multiple entries in the patentdatabase, for example. The structure of the database and format and datafield titles are for illustration purposes, and other structures, names,or formats may be used. Additionally, further associations between datastored in the databases may be created as discussed further herein.

During operation of patent management system 102, data from multipledata sources (internal and external) is imported into or accessed by theoperations database 116. Internal sources may include data from thevarious tools of the patent management system 102. External sources 120may include websites or databases associated with foreign and domesticpatent offices, assignment databases, WIPO, and INPADOC. In variousembodiments, the data is scraped and parsed from the websites if it isunavailable through a database. The data may be gathered using API callsto the sources when available. The data may be imported and stored inthe operations database on a scheduled basis, such as daily, weekly,monthly, quarterly, or some other regular or periodic interval.Alternatively, the data may be imported on-demand. The imported data mayrelate to any information pertaining to patents or patent applications,such as serial numbers, title, cited art, inventor or assignee detailsand the like.

After data importation, the data may be standardized into a commonformat. For example, database records from internal or external sourcesmay not be in a compatible format with the operations database. Dataconditioning may include data rearrangement, normalization, filtering(e.g., removing duplicates), sorting, binning, or other operations totransform the data into a common format (e.g., using similar dateformats and name formats).

Patent Management System—Overview

FIG. 2 is a block diagram of patent management system 102, according toan example embodiment. Illustrated are user database 202, matterdatabase 204, portfolio database 206, mapping database 208, analyticsdatabase 210, display module 212, input module 214, mapping module 216,analytics module 218, tracking module 220 and filtering module 222. Invarious embodiments, the data stored in databases 202, 204, 206, 208,and 210 may be in the same or multiple physical locations. For example,portfolio database 206 may be stored in one or more computers associatedwith a portfolio management service. In various embodiments, patentmanagement system 102 minors databases stored in other locations. In anembodiment, when a request is made to access data stored in thedatabases 202-210, patent management system 102 determines where thedata is located and directs the request to the appropriate location.Similarly, modules 212-222 may be executed across multiple computersystems.

User Database

In an example embodiment, user database 202 stores data representingusers of patent management system 102. The data may include data fieldsof user credentials including a user ID and password and access rightswith respect to patent management system 102. The user ID may be commonacross the tools of the patent management system 102. In this manner,access rights of the user with respect to the tools of the patentmanagement system 102 may follow across the various tools of the patentmanagement system 102. In an example embodiment, different access rightsare granted to a user ID between the various tools.

In various embodiments, each user ID has access rights to one or morematters. Similarly, a user ID may have portfolio level access rights.Access rights may be defined according to at least two parameters: readaccess and write access. Thus, when a user logs into patent managementsystem 102, the user is presented with access only to thematters/portfolios that have been associated with the user ID. More(e.g., additional contact information) or fewer data fields associatedwith a user may be included in a user entry stored in user database 202.

Patent or Matter Database

In an embodiment, matter database 204 stores data representing matters.Each matter may be associated with one or more portfolios. In someembodiments, a matter is associated with no portfolios. In variousembodiments, a matter is a foreign or domestic patent or application.Matters may also be inventions that have not yet been filed (e.g., asmay be the case within a docketing system). In an embodiment, a matterentry includes data fields representing a matter ID, patent number,publication number, serial number, docketing number, title (e.g., thename of the patent or application), type of the matter (e.g.,application, issued patent, PCT application), status of the matter(e.g., issued, abandoned, allowed), a link to the patent office wherethe matter was filed, a link to a PDF download of the matter, abstractof the matter, inventors of the matter, current owner of the matter,cited references on the face of the matter, filed date, issue date,docket number, and annuity information (e.g., due date, country, andamount due). In some embodiments, other patent reference documents orprior art in any form may be stored and associated with one or morematters. More or fewer data fields associated with a patent may beincluded in a matter entry stored in matter database 204. In an exampleembodiment, matter database 204 may store a patent matter database,wherein this database includes data about the patent matters. The datamay include, for at least one patent matter, a claim set or statement ofinvention and a priority date for the claim set or statement ofinvention.

Matter database 204 may also store a database of prior art documents(also known as “references”), wherein the prior art database includesdata about the prior art documents. The data may include, for at leastone prior art document, a priority date or publication date of thedocument. One or more of the prior art documents may be associated witha first patent matter in the patent matter database.

Matter database 204 may also store data obtained from internal orexternal sources relating to cited references owned by or cited against(in “forward” or “reverse” manner) a target entity (for example, aclient of a firm) as well as cited references owned by or cited against(in “forward” or “reverse” manner) another entity (for example, acompetitor of the client or other target entity). Public bibliographicdetails of such cited references may be obtainable from websites ordatabases associated with foreign and domestic patent offices (PAIR),assignment databases, WIPO, and INPADOC. In various embodiments, thedata is scraped and parsed from the websites if it is unavailablethrough a database. The data may be gathered using API calls to thesources when available. The data may be imported and stored in theoperations database 116 (of FIG. 1) on a scheduled basis, such as daily,weekly, monthly, quarterly, or some other regular or periodic interval.Alternatively, the data may be imported on-demand. The imported data mayrelate to any information pertaining to patents or patent applications,such as serial numbers, title, cited art, inventor or assignee detailsand the like.

In various embodiments, a matter is associated with one or more othermatters as a family with a family ID. Family members may be prioritydocuments, continuation patents/applications, divisionalpatents/applications, and foreign patent/application counterparts. In anembodiment, family information is determined according to an externalsource such as INPADOC. Patent reference documents and/or other priorart may be manually or automatically stored, cross-cited and associatedwith related family matters, for example.

Portfolio Database

Portfolio database 206, in an example embodiment, stores datarepresenting portfolios of one or more matters. Data stored in portfoliodatabase 206 may have been previously generated by a tool of patentmanagement system 102. In various embodiments, a portfolio may begenerated by a user using patent management system 102. For example, auser interface may be presented to the user requesting a name for theportfolio and identifiers of matters to be included in the portfolio. Inan embodiment, a portfolio entry in portfolio database 206 includes thedata fields of portfolio ID and portfolio name. Additionally, a datafield for matter ID may also be included in an entry in the portfoliodatabase 206. Thus, each portfolio may be associated with one or morematters through the use of the matter ID data field. More or fewer datafields associated with a portfolio may be included in a portfolio entryof portfolio database 206.

Mapping Database and Patent Concepts

In various embodiments, mapping database 208 may include mappings ofpatent concepts to one or more matters. In an example embodiment, theunderlying patents and patent claims included in each patent portfoliomay be categorized by patent concepts (sometimes referred to herein asconcepts) such as scope concepts (SC) and technology categories (TC).

In an example embodiment, technology categories are categories thatclaims relate to, but are not necessarily limited to. For example, aclaim to a pulse generator may be put in the technology category“pacemaker”, but not be limited to a pacemaker per se—perhaps the claimmerely says that the pulse generator generates a pulse of certain typethat is useful for pacing, but pacing does not appear in the claim.Hence, the claim relates to the technology category “pacemaker,” but itis not limited to being a pacemaker.

In an example embodiment, scope concepts are concepts that a claim islimited to. This is in contrast to technology categories, where theclaim may be mapped to a TC but it not necessarily limited to it. Ascope concept may be defined in a way to give the concept a context thata user can understand without necessarily having to look at thecorresponding claim language. For example, if the scope concept is“method or apparatus for cardiac rhythm management”, and it is mapped toclaim A, then claim A by definition is limited to this application, suchthat if a target device does not perform cardiac rhythm management, thenit would not infringe claim A.

In an example embodiment, there are two types of scope concepts: 1) highlevel scope concepts that are like technical categories in the sensethey are broad and general and apply to many claims in a portfolio; and2) scope concepts that are specific to a limited number of claims—forexample all claims in a patent may be limited to a very specificdistinguishing feature, and this feature could be the basis for a scopeconcept.

In some example embodiments, high level scope concepts may be definedprior to mapping, and then assigned as applicable. For example, severalscope concepts like: atrial pacing, ventricular pacing, defibrillationmethod or device, etc, may be defined. Then a mapping team may gothrough all claims in a portfolio and map these scope concepts to claimsthat are limited to these concepts. After the mapping is complete, ananalysis may be done showing how many claims in the portfolio arelimited to each of these scope concepts, and the claims may be presentedfor each SC. This may be useful in disqualifying claims that are not ofinterest to a particular target (e.g., if an analysis is being done tofind a claim that covers an alleged infringer).

In some example embodiments, specific scope concepts are mapped patentby patent or by patent family. These may enable a person to create oneor two scope concepts that can be mapped across all claims in a givenpatent, a family of patents, or across a portion of a patent portfolio.In order to effectively formulate a scope concept that may be globallyuseful across a patent portfolio, it may be useful to be able to examinemultiple patent claims at the same time even if they are not all in thesame patent or patent family. A keyword mapping may indicate that thereis an exact match between the keyword and a subset of the claimlanguage.

Analytics Database

In various embodiments, analytics database 210 stores data representingcalculated analytics on data stored within patent management system 102or external data sources. In various embodiments, analytics areorganized according to an individual matter, a portfolio, or family, ordate of an event (such as an assignment recordal, for example). Eventsmay be organized by a date range (for example, all assignments occurringbetween Corporation A and Corporation B in the last 6 months, or allfilings made by inventor X in last 12 months). The calculated analyticsmay be based on information gathered from multiple sources such asdatabases of patent management system 102 and PAIR.

In various embodiments, information for an individual matter may includestatus (e.g., disclosure received, drafting, filed, completed-waitingexamination, in prosecution, allowed, issued), cited prior art, list andtype of rejections (e.g., 35 U.S.C. § 101, 102, 103) number of claimsallowed, office action count, interviews held, IDS statements filed,attorney fees to date, and PTO fees to date. Further metrics for anindividual matter stored in analytics database 210 may include timewaiting for examiner, total time in examination, time waiting for PTOwhile in examination, and time on appeal. Additional prosecution detailsmay include an upcoming docket date (e.g., due dates for office action,IDS due dates, etc.). A claim prosecution history chart may also bestored in analytics database 210 for each matter. The prosecutionhistory may include a history of claim amendments and arguments made inprosecution.

In various embodiments, portfolio and family analytics information maybe stored in analytics database 210 based on aggregating the metrics foran individual matter. In an embodiment, the analytics of a family maydiffer from those in a portfolio as not all family member matters may bepart of a portfolio. Additionally, the analytics may be stored formultiple time periods such that comparisons may be made between currentmetrics and metrics from a year ago (or other time period).

Aggregated metrics may include total patents and applications, pendingand waiting for examination, in prosecution with no claims allowed, inprosecution with some claims allowed, appealed, notice of allowancereceived, and issued. These metrics may be compiled for both US andinternational matters in the portfolio. Additional information mayinclude the international portfolio distribution by country. An agedistribution of the portfolio may also be compiled. For example theportfolio may be broken down by less than one year old, 1 to 3 yearsold, 3 to 5 years old, 5 to 10 years old, 10 to 20 years old, and 20 ormore years old. Recent filing and issue activity as well as upcomingFord filing deadlines may be stored in analytics database 210.

In various embodiments, prosecution metrics across a portfolio or familyare determined and stored in analytics database 210. This data mayinclude matters waiting for examination, matters in examination, mattersappealed, and cases allowed but not yet issued. Analytics with respectto office actions may also be compiled and stored. For example, successof allowance after a first office action response, a second response,and so forth may be stored in analytics database 210. Additionalprosecution analytics may include allowance rate (e.g., 10%) after atelephone interview, allowance after an in-person interview, percentageof interviews with response, number and type of rejection, average timein prosecution (e.g., in months), average time to file a response, andaverage time to next office action. Further, the list of recentlyallowed cases, recently appealed cases, stalled cases, and recentlyabandoned cases may also be stored for each portfolio and family inanalytics database 210.

In various embodiments, the results of keyword analysis on one or morematters and/or prior art references may be stored in analytics database210. The keyword analysis may be based on the occurrences of thekeywords in the matter or references to derive a score or keywordoverlap.

In various embodiments, data stored in the analytics database 210 for agroup of matters in a portfolio or family is analyzed to determine thetop (e.g., ten) most cited patents, the top most cited inventors, topmost cited prior art owners (e.g., according to assignment documents orthe face of the patent), newly (e.g., within the last 60 days) citedprior art owners, and top most cited prior art inventors. Thisinformation may be stored in analytics database 210.

Display Module

In an embodiment, display module 212 is to display user interfaces andinformation retrieved from one or more databases 202-210. If a user isaccessing patent management system 102 remotely (e.g., through a webbrowser) display module 212 may be to transmit data representing auser-interface through a network to a user terminal. In variousembodiments, display module 212 is to generate one or more charts ofdata stored in databases 202-210. For example, display module 212 maygenerate a pie chart of the top 10 inventors within a portfolio.

Input Module

In various embodiments, input module 214 receives data from multiplesources where it may be further processed by one or more other modulesand stored in one or more of databases 202-210. In various embodiments,input module 214 or the patent management system 102 may comprise a webserver engine or search engine (not shown) for conducting searchesthrough the databases in the system or external thereto, for example ata patent registry or on the Internet. For example, input module 214 maybe to utilize one or more APIs to data from one or more patent datastores (e.g., public PAIR, private PAIR, INPADOC, foreign patentoffices, patent docketing systems, portfolio management systems, etc).The data may include published patent documents, patent applications,office actions or other patent office correspondence, prior artreferences, claim mappings, dockets dates, annuity payment data andpatent or patent application assignment information. Specific assignmentdata may include details pertaining to the assignor or assignee (e.g.,name, address, nationality, place of incorporation), date of assignment,details of the matter being assigned, or any other data pertaining toassignments or change in ownership that may be recorded at any nationalor regional patent registry such as the United States Patent andTrademark Office (USPTO), World Intellectual Property Organization(WIPO) or European Patent Office (EPO), for example.

In various embodiments, input module 214 is to receive input from one ormore user interface elements. For example, patent management system 102may present multiple user interfaces to a user. These user interfacesmay enable users to input data directly into databases 202-210, instructthe patent management system 102 to retrieve data from patent datastores, and instruct the patent management system to perform variousoperations (e.g., analysis) on the data in databases 202-210.

Additionally, input module 214 may be to determine the selection of oneor more user interface elements by a user and initiate the actionassociated with the selected user interface element. For example, a userinterface element may include a drop-down menu to select a portfolio.Input module 214 may be to receive the selection of the portfolio by theuser. Then, input module 214 may pass the selection to one or more othermodules for further processing. For example, display module 212 mayupdate the drop-down menu to indicate the selection of the portfolio. Inother example embodiments, a user may select an assignee name, ortechnology field, or date range of potential interest (or a combinationof these or other aspects of interest), for which the user wishes to beinformed of recent or ongoing assignment or change in ownership status.The user may request to be informed regularly (daily, weekly or monthly,for example) of ongoing assignments or changes in ownership by making aselection of the appropriate interface elements.

In various embodiments, input module 214 processes the data that hasbeen inputted and formats it according to the data fields of databases202-210 as discussed above. In various embodiments, processing iscompleted using a parsing module (not shown). For example, consider apatent publication that a user has directed to be inputted into one ormore of the databases 202-210. The parsing module may use a combinationof automatic image recognition and text analysis to determine the filingdate, issue date, title, abstract, and claims of the patent. In someembodiments, the parsing module may flag certain pieces of data that hadbeen determined to be potentially inaccurate (e.g., a number could notbe read). A user of patent management system 102 may then examine theflagged data and manually enter the information which is then stored inthe appropriate database 202-210.

The resulting data that has been parsed by the parsing module may thenbe entered as an entry in one or more of databases 202-210. This may beaccomplished by, for example, formulating an insert SQL query with theparsed information. In various embodiments, the parsing module may parsemultiple pieces of information before generating a database entry. Forexample, input module 214 may receive a docket number for an issuedpatent. The docket number may be combined with the information parsedfrom the issued patent to form an entry in matter database 204.

Mapping and Mining Modules

In various embodiments, mapping module 216 is to facilitate mappings ofscope concept, technology categories, prior art and keywords to patentclaims of a matter. In an embodiment, mapping signifies association. Forexample, in conjunction with display module 212, input module 214, or amining module (not shown), mapping module 216 may present a userinterface of patent claims stored in matter database 204 and scopeconcepts stored in mapping database 208. Input module 214 (or the webserver or search engines) may receive a selection of one or more patentclaims and one or more scope concepts and pass them to mapping module216. Mapping module 216 may then formulate an SQL query to associate theone or more patents claims with the one or more scope concepts. Whenexecuted, the SQL query may update the mapping database 208 with theassociations. In various embodiments, mapping module 216 also allows thecreation of new scope concepts, technology categories, and keywords thatmay be mapped to one or more patent claims. Furthermore, mapping module216 may present user interfaces that allow a user to rank and ratematters stored in matter database 204.

Mapping module 216 may also allow the generation of claim charts of aplurality of cells. A claim chart may include one or more scopeconcepts, technology categories, and keywords on one axis and claims ofmatters in a portfolio on the other axis. The claim chart may include avariety of levels of granularity of scope concepts. Some claims may bemapped to all of the scope concepts while others may not be mapped toany scope concepts. At the cell intersection between a scope concept (ortechnology category or keyword) and a claim, an indication of themapping may be presented by changing the format of the cell. Forexample, the cell may be colored blue when a scope concept is mapped andred when not mapped.

In various embodiments, and as explained in more detail further below, afreedom-to-operate (FTO) analysis can be greatly facilitated using themapping module 216 to generate claim charts. For example, a series ofscope concepts mapped as being present in a claim may themselves befurther mapped as being present (or not) in a competitive product. Ifall the scope concepts in a given claim, representing all the claimelements in that claim, are found present in a product an indication of“likely infringement” can for example be indicated in the claim chartaccordingly. Red or green colored cells in a claim chart could, forexample, respectively represent instances of when scope concepts arefound present (or mapped) in a product, and when not. If the productbeing assessed was the patentee's own product, a “product coverage”chart could be generated in similar way.

So too a similar approach can be undertaken for validity analysis inwhich scope concepts are mapped to body of prior art instead of aproduct, for example. A green colored cell in a “validity” claim chartmight indicate a novel concept for example, while a red colored cellmight indicate prior disclosure.

In various embodiments, any one or more of the modules 212-222 can beconfigured to perform patent searches. For example, mapping module 216may formulate an SQL query to search for one or more keywords or scopeconcepts in some prior art. The module may be configured to expand thesearch automatically, for example based on synonyms, forward or reversecitations, or other criteria. In this way, a seed group of patents canbe identified and then expanded automatically.

The claim charts referred to above and in further detail below may betermed “Panoramic Claim Charts” in that they quickly provide to a user apanoramic display in summary overview the findings and conclusions of amapping exercise, whether the analysis be of FTO, product coverage orvalidity type. For such charts or spreadsheets, further conceptorganization may be undertaken.

For example, in a method of concept organization for a Panoramic ClaimCharts, a meta-label sort is provided to organize concepts undermeta-labels. The meta-labels are like Scope Concept groups and in oneexample embodiment are added by the mapper to organize map output by thegroups. Additionally, the mapper is able to direct or specify the orderin which the Scope Concepts are displayed, and is able to store thisorder or grouping for later reuse. The mapper is optionally able to hideconcepts too.

In various embodiments, the mapping module 216 is also able to roll downmapping from independent claims to dependent claims. In other words,independent claim limitations, scope concepts or technology categoriesare treated as if they were part of dependent claims (or not, as thecase may be) and optionally presented in this manner in the PanoramicClaim Chart. A dependent relationship can be established by virtue of adefined claim dependency in a given claim set, or by the mapper who mayelect to define a dependency or other relationship on the fly eventhough such a relationship might not formally be defined in the claimset under analysis.

In various embodiments, keyword clustering may be used for improvedclaim mapping. This approach may be termed a “clustered” search ormapping with the mapping (or other) module 216 configured accordingly.In an example embodiment of clustered mapping the mapping module 216 anddisplay module 212 may together be configured to display within amapping tool (referred to as ClaimBot, for example) a user interfacewhich includes a user interface element or mapping feature referred toas OmniMap, for example. Selection of this feature invokes a searchfunction to find like claims. This feature requires some knowledge aboutwhat is in the subject patent portfolio and deliberate refinement of asearch string that will isolate claims of like kind into a list, beforethe mapper makes final determination as to whether certain scopeconcepts apply or “map” to each claim. It is highly desirable to havethe same concept mapped to many or at least several claims. Both theknowledge of portfolio content and authoring and refinement of searchstrings take significant time. In order to further reduce the timeneeded to achieve high quality maps the following is envisioned.

One or more like claims are selected as keyword ‘source claims’. Thesystem automatically extracts keywords from the source claim(s) byconsidering: removing prepositions, removing other “stop” words,removing insignificant words (as defined by a dictionary), includingkeywords chosen in ClaimBot keyword mapping, or other criteria. Theresult is a set of source claim keywords.

In various embodiments, selecting a user interface element (referred toas IntelliMap, for example) a keyword search function is invoked inwhich the mapping module 216 is configured to search for source claim(s)keywords in the whole portfolio to speed up search and to allowmulti-word keywords strings and optionally display the source claim(s)keywords in a pop-up window where the user can select relativeimportance of the words or groups of words (sub-clustering). The mappingmodule 216 searches the portfolio for occurrences of source claimkeywords optionally using key-word stemming, synonym listings,pre-populated taxonomies/dictionaries, or semantic processing andreturns a list of claims that is sorted by intensity of source claimkeyword occurrence within the claims being analyzed, or optionallyweighing this occurrence intensity against a determined relativeimportance of the source claim keywords.

This results in a mapping method as follows:

-   1. Choose one or more similar claims from the portfolio as source    claims.-   2. Automatically extract keywords from the source claims.-   3. Optionally, arrange the order of importance between extracted    keywords.-   4. IntelliMap chosen keywords.-   5. Optionally apply automated key-word stemming, synonym listings,    prepopulated taxonomies/dictionaries, or semantic processing.-   6. Search portfolio claims for keywords.-   7. List the found claims sorted by keyword occurrence intensity.-   8. Optionally (1), revise sorting weighted against the order of    keyword importance.-   9. Optionally (2), the mapper can further use the current search    function to refine the list of sought claims e.g. using “!” (NOT) to    exclude some claims.-   10. The mapper can now peruse the result set for common concepts and    map them to the claims.

In various embodiments, steps 2, 4, 5, 6, 7, 8 can be fully automaticwhile steps 1, 3, 9, 10 initially require manual intervention but can befurther automated. Automated aggregation of like claims, as per above,facilitates mapping by organizing claims in clusters of claims based onthe claims' keyword content. The mapper can more easily find candidateconcepts in the set of sought claims and will immediately have aclaim(s) list for mapping the concepts without the need to explicitlyauthor a search string. This method is based on the assumption that likeclaims to a significant degree use the same or related (e.g synonyms,stems) words.

In various embodiments, a claim similarity index is provided. A claimsimilarity index identifies claims to map scope concepts to. Thesimilarity of a sub-paragraph (or element) of a claim or a full claimcan be measured by: a) keyword similarity-roots of words are comparedafter throwing out unimportant words; b) linguistic analysis-how similaror not claim elements are based on other approaches. In oneimplementation, the mapping module 216 is configured to suggest to usersmapping claims which claims are most similar to one another, or whatparts of claims are most similar to one another. In anotherimplementation, claims are just flagged as similar for later use.

In various embodiments, when mapping claims (for example, using theOmnimap feature mentioned above), a user is allowed to highlight theclaim terms associated with a scope concept across a number of claims,storing those associations, and then when subsequently displaying thoseclaims (for example, in the Panoramic Claim Chart) showing which claimterms have already been mapped. In various embodiments, those terms arehighlighted in different colors for better visualization. This featureis helpful in situations in which a mapper moves to map another patentand has already mapped portions of claims. The highlighting makes iteasier for the mapper to see what he or she has mapped. In someembodiments, the mapping module 216 is configured to automaticallyidentify common claim terms or elements and display this in a userinterface so these elements can be mapped more quickly. In someembodiments, the mapper can define common claim terms or filter thembased on unique words or phrases of a certain number of words.

In some embodiments, an aid in mapping claims to a product is provided.Instead of using a claim chart, the mapping module 216 and displaymodule 212 are configured together to show claims parsed by paragraph.Next to each paragraph, a mapper can indicate if the product includesthe technology described in the claim. The same logic used in scopeconcept mapping is used to determine if claim is ruled out in an FTOanalysis, or is novel in a validity analysis, for example.

Analytics Module

In various embodiments, analytics module 218 is to examine and runcalculations on the data stored in the databases 202-210 to generate theanalytics previously discussed. For example, analytics module 218 mayformulate an SQL query that retrieves the number of times that a priorart reference has been cited within a portfolio. This query may be runfor each prior art cited within the portfolio to determine a list of themost cited (e.g., the top ten) prior art references with a portfolio. Inan embodiment, the queries are formulated and run as requested by auser. In an embodiment, once the analytics information has beendetermined, it is stored within analytics database 210. In variousembodiments, queries are formulated and run on a periodic basis (e.g.,nightly) and entries in analytics database 210 may be updated to reflectany changes. In other embodiments, the analytics module 218 may inresponse to user input formulate a query to examine how many times agiven patent matter has been assigned or been subject to a change inownership from one party to another. Other queries analyzing patentassignment data may be run as requested by a user.

In various embodiments, the analytics module 218 is to analyze and mapcited reference data stored in the matter database 204. The data may bescraped in by the input module 214. For example, cited references ownedby or cited against target or other entities as mentioned above may bemapped against each other to determine a “prior art” overlap. Theoverlap may be presented graphically, for example in a graphic userinterface presented in user terminal 104. In various embodiments, theoverlap may relate to so-called “forward” citations, or “reverse”citations, or both. In various embodiments, the overlap may be presentedfor a target company and one or more competitors. Changes in the overlapover time may also be stored and mapped to give an indication to a userof technology trends, changes in trends and the ongoing development ofpotentially relevant prior art. In various embodiments, a prior artoverlap between a target and competitor may be stored, mapped and shownfor a single patent, a portfolio of patents, or a family of patents. Thetarget and other entities of interest, such as competitor companies orinventors, may be selected by the user.

An analytical result or mapping may be displayed as a list of prior artcited against both the target and competitor, with an indication ofwhich art overlaps or is common to both listings. In variousembodiments, the analytical result or mapping may in addition oralternatively present a list of companies that own the prior art citedagainst the target and other entities. The target company may appear asan owner. The display module 212 may be to display the results of themappings and overlap of cited references as a bar chart, or listings, orother graphic, in a user interface of the type shown for example in FIG.17.

In various embodiments, the analytics module 218 is to receive inputidentifying a pool of keywords for a first patent matter in matterdatabase 204 and associated prior art documents in matter database 204.The term keyword is intended to include individual keywords as well as anumber of keywords grouped together making up a key phrase, for example.The analytics module 218 may be further to perform a keyword analysis onthe first patent matter and associated prior art documents based onoccurrences of the keywords in the first patent matter and associatedprior art documents. The analytics module 218 may be further toidentify, based on the analysis, keywords occurring uniquely in thefirst patent matter. In view of their uniquely occurring nature, thesekeywords may be regarded as claim elements potentially differentiatingthe claim set or statement of invention over the disclosures containedin the one or more prior art documents.

In various embodiments, the analytics module 218 is to generate for auser the patent activity profiles of one or more entities. The entitiesmay be competitive entities to the user, or the user's employer orclient. The generated activity profiles may form part of the informationto assist in strategic monitoring of patent portfolios. A patentactivity profile may be built for a particular patent applicant orowner, or a type of owner, and then deviances from that profile may beflagged. The profile may include foreign filing patterns, US filingpatterns-for example, analyzing whether the owner typically files aprovisional application first followed by a PCT application, or whethera US application is typically filed thereafter. The profile may includeinformation about abandonments-for example, identifying what subjectmatter an owner gives up or surrenders during prosecution, or in makingabandonment decisions.

In various embodiments, the profile may include information aboutinstances or circumstances in which an owner does not pay a patentannuity or renewal fee. The profile may include any of the data storedin analytics database 210 referred to above. Analytics module 218 may beto flag deviances from a profile and send update alerts to a useraccordingly. For example, in conjunction with display module 212 andinput module 214, analytics module 218 may present to a user aninterface indicating one or more patent activity profiles for one ormore patent owners for the user to select and review.

Tracking Module

The tracking module 220, according to an example embodiment, maintainsinformation related to a specific patent, group of patents, or concept.For example, the tracking module 220 may store information related to apatent's prosecution and litigation history (such as office actions orclaim amendments). In other example embodiments, the tracking module 220may store information relating to the assignment of patent applicationsor patents from one assignee to another, or from an inventor to employerassignee, for example. Information of this nature may be stored bytracking module 220 for defined sets of applications or patentsregistered in a specified name, and within certain date ranges, forexample. Update alerts (e.g., electronic mail, SMS, or similar) may besent to a user indicating a change in ownership for a patent or patentapplication.

Filtering Module

In various embodiments, the filtering module 222 is to filter a set ofmatters according to a user preference. For example, a user may activatea check box that indicates only pending matters should be shown in auser interface. Filtering module 222 may formulate an assignment queryconsistent with retrieving only pending matters. The results of thequery (or any query) may then be shared with display module 212 wherethe user interface may be updated. The regular alerts may in otherexample embodiments be pushed to a user terminal 104, an externalwebsite, an intranet site, a PDA, smart phone, or other similar handhelddevice.

Various Patent Mapping System Embodiments

In various embodiments, a patent system 102 may be provided comprising:a database of patent sets and a database of patents, each patent storedin the database of patents associated with one or more patent setsstored in the database of patent sets; and a web server engine toreceive a search query associated with a first patent set; a miningmodule to search a first patent set as a function of the search queryand generate seed search results, the search results including one ormore patent claims associated with the search query and including termsfrom the search query and being stored in a patent claim database, themining module to generate automatically an expanded set of searchresults including one or more patent claims further associated with thesearch query or associated with the patent claims in the seed set ofsearch results; a mapping module to map the one or more patent claims toa patent concept.

In various embodiments, a system comprises a network and databases, thedatabases being accessible on the network and including at least onedatabase of patent portfolios and a database of patents, each patentstored in the database of patents associated with one or more patentportfolios stored in the database of patent portfolios; and a server,operatively connected to the network, wherein the server includes: aprocessor, a memory, software operable on the processor to: receive asearch query associated with a first patent portfolio; search the firstportfolio as a function of the search query; generate a seed set ofsearch results including one or more patent claims associated with thesearch query, the patent claims including terms from the search query;automatically generate an expanded set of search results including oneor more patent claims further associated with the search query orassociated with the patent claims in the seed set of search results; andmap the one or more patent claims to a patent concept.

In various embodiments, a system may comprise a database of patent setsand a database of patents, each patent stored in the database of patentsassociated with one or more patent sets stored in the database of patentsets; a database of ontologies, the ontologies including one or morepatent concepts in defined groups; and a web server engine to receive asearch query associated with a first patent set; a mining module tosearch a first patent set as a function of the search query and generatesearch results, the search results including one or more patent claimsassociated with the search query and stored in a patent claim database;a mapping module to map the one or more patent claims to a patentconcept in a defined group.

In various embodiments, a system may comprise a network and databases,the databases accessible on the network and including at least onedatabase of patent portfolios, and a database of patents, each patentstored in the database of patents associated with one or more patentportfolios stored in the database of patent portfolios, and a databaseof ontologies, the ontologies including one or more patent concepts indefined groups; and a server, operatively connected to the network,wherein the server includes: a processor, a memory, software operable onthe processor to: receive a search query associated with a first patentportfolio; search the first portfolio as a function of the search query;generate search results, the search results including one or more patentclaims associated with the search query; and map the one or more patentclaims to a patent concept in a defined group.

In various embodiments, a system 102 comprises a database of patent setsand a database of patents, each patent stored in the database of patentsassociated with one or more patent sets stored in the database of patentsets; a web server engine to receive a search query associated with afirst patent set; a mining module to search a first patent set as afunction of the search query and generate search results, the searchresults including one or more independent patent claims associated withthe search query and stored in a patent claim database; and a mappingmodule to map the one or more independent patent claims to a patentconcept and associate the at least one mapped patent concept to one ormore patent claims which are dependent on the one or more independentpatent claims.

In some embodiments, a system comprises a network; databases, accessibleon the network, including at least one database of patent portfolios anda database of patents, each patent stored in the database of patentsassociated with one or more patent portfolios stored in the database ofpatent portfolios; and a server, operatively connected to the network,wherein the server includes: a processor, a memory, software operable onthe processor to: receive a search query associated with a first patentportfolio; search the first portfolio as a function of the search query;generate search results, the search results including one or moreindependent patent claims associated with the search query; map the oneor more independent patent claims to at least one patent concept; andassociate the at least one mapped patent concept to one or more patentclaims which are dependent on the one or more independent patent claims.

In various embodiments, a system 102 may comprising a database of patentsets and a database of patents, each patent stored in the database ofpatents associated with one or more patent sets stored in the databaseof patent sets; and one or more modules to perform at least a portion ofone or more of the following: receive input identifying a set of keywordsource claims associated with a first patent set; automatically extractat least one keyword from the source claims; receive or formulate asearch query associated with the first patent set, the search queryincluding the at least one keyword; search the entire first patent setas a function of the search query; generate search results, the searchresults including one or more patent claims associated with the searchquery; and map the one or more patent claims to a patent concept.

In some embodiments, a system comprising a network; databases,accessible on the network, including at least one database of patentportfolios and a database of patents, each patent stored in the databaseof patents associated with one or more patent portfolios stored in thedatabase of patent portfolios; and a server, operatively connected tothe network, wherein the server includes: a processor, a memory,software operable on the processor to: receive input identifying a setof keyword source claims associated with a first patent portfolio;automatically extract at least one keyword from the source claims;receive or formulate a search query associated with the first patentportfolio, the search query including the at least one keyword; searchthe entire first portfolio as a function of the search query; generatesearch results, the search results including one or more patent claimsassociated with the search query; and map the one or more patent claimsto a patent concept.

In some embodiments, a system 102 comprises a database of patent setsand a database of patents, each patent stored in the database of patentsassociated with one or more patent sets stored in the database of patentsets; and a web server engine to receive a search query associated witha first patent set; a mining module to search a first patent set as afunction of the search query and generate search results, the searchresults including one or more patent claims associated with the searchquery and stored in a patent claim database; a mapping module togenerate a claim similarity index for at least one patent claim orportion thereof included in the search results based on its similarityto at least one other patent claim or portion thereof in the searchresults; identifying, based on the similarity index, one or more patentclaims included in the search results as primary targets to map a patentscope to; and map the one or more patent claims to a patent concept.

In various embodiments, a system 102 comprises a network; databases,accessible on the network, including at least one database of patentportfolios and a database of patents, each patent stored in the databaseof patents associated with one or more patent portfolios stored in thedatabase of patent portfolios; and a server, operatively connected tothe network, wherein the server includes: a processor, a memory,software operable on the processor to: receive a search query associatedwith a first patent portfolio; search the first portfolio as a functionof the search query; generate search results, the search resultsincluding one or more patent claims associated with the search query;generate a claim similarity index for at least one patent claim orportion thereof included in the search results, based on its similarityto at least one other patent claim or portion thereof in the searchresults; identify, based on the similarity index, one or more patentclaims included in the search results as primary targets to map a patentscope to; and map the one or more patent claims to the patent concept.

In some embodiments, a system comprises a database of patent sets and adatabase of patents, each patent stored in the database of patentsassociated with one or more patent sets stored in the database of patentsets; and one or more modules to perform at least a portion of one ormore of the following: receive a search query associated with a firstpatent set, search a first patent set as a function of the search queryand generate search results, the search results including one or morepatent claims associated with the search query and stored in a patentclaim database, map the one or more patent claims to a patent concept,highlight any claim terms associated with the patent scope across anumber of claims, store the associations, and display the highlightedclaim terms to a user when subsequently displaying the one or moremapped patent claims.

In various embodiments, a system comprises a network; databases,accessible on the network, including at least one database of patentportfolios and a database of patents, each patent stored in the databaseof patents associated with one or more patent portfolios stored in thedatabase of patent portfolios; and a server, operatively connected tothe network, wherein the server includes: a processor, a memory,software operable on the processor to: receive a search query associatedwith a first patent portfolio; search the first portfolio as a functionof the search query; generate search results, the search resultsincluding one or more patent claims associated with the search query;map the one or more patent claims to a patent concept; highlight anyclaim terms associated with the patent scope across a number of claims;store the associations; and display the highlighted claim terms to auser when subsequently displaying the one or more mapped patent claims.

Mapping Methods

Some embodiments of the present inventive subject matter include methodsfor patent mapping in a patent management system 102. User interfacessuch as the one illustrated in FIG. 4 may be used to facilitate theseexample methods. Further, in example embodiments, the methods may beimplemented using the data models, modules, software and server devicesdescribed herein.

One such method embodiment is illustrated in FIG. 3A. A computerimplemented method 300A comprises: at block 302A, maintaining a databaseof patent portfolios and a database of patents, each patent stored inthe database of patents associated with one or more patent portfoliosstored in the database of patent portfolios; at block 304A, receiving asearch query associated with a first patent portfolio; at block 306A,searching the first portfolio as a function of the search query; atblock 308A, generating a seed set of search results including one ormore patent claims associated with the search query, the patent claimsincluding terms from the search query; at block 310A, automaticallygenerating an expanded set of search results including one or morepatent claims further associated with the search query or associatedwith the patent claims in the seed set of search results; and at block312A, mapping the one or more patent claims to a patent concept.

In various embodiments, the automatic generation of expanded searchresults may include retrieving patent claims from patents cited forwardor against the patent claims in the seed set of search results. Thecomputer implemented method may further comprise maintaining a databaseof ontologies, the ontologies including one or more patent concepts. Theone or more patent concepts may include a technology category. The oneor more patent concepts may include a scope concept, the scope conceptdefining a scope to which a patent claim is limited. In someembodiments, the mapping of one or more patent claims to a patentconcept may include defining the patent concept. The mapping of one ormore patent claims to a patent concept may further include maintaining adatabase of patent claims, the database of patent claims including theone or more patent claims, and storing an indication of a relationshipbetween the patent concept and the one or more patent claims in thedatabase of patent claims. The indication of the relationship mayinclude an indication that the one or more claims are not mapped to thepatent concept. The indication of the relationship may include anindication that the one or more patent claims are mapped to the patentconcept. The search query may include a regular search expression.

Another example method embodiment is shown in FIG. 3B. A computerimplemented method 300B may comprise, at block 302B, maintaining adatabase of patent portfolios and a database of patents, each patentstored in the database of patents associated with one or more patentportfolios stored in the database of patent portfolios; at block 304B,maintaining a database of ontologies, the ontologies including one ormore patent concepts in defined groups; at block 306B, receiving asearch query associated with a first patent portfolio; at block 308B,searching the first portfolio as a function of the search query; atblock 310B, generating search results, the search results including oneor more patent claims associated with the search query; and at block312B, mapping the one or more patent claims to a patent concept in adefined group.

In various embodiments of the computer implemented method 300 B, the oneor more patent concepts may include a technology category. The one ormore patent concepts may include a scope concept, the scope conceptdefining a scope to which a patent claim is limited. In someembodiments, mapping a plurality of patent claims to a patent conceptmay include defining the patent concept and assigning it to one of thedefined groups.

In some embodiments, mapping a plurality of patent claims to a patentconcept may further include maintaining a database of patent claims, thedatabase of patent claims including the one or more patent claims, andstoring an indication of a relationship between the patent concept andthe one or more patent claims in the database of patent claims. In someembodiments, the indication of the relationship includes an indicationthat the one or more claims are not mapped to the patent concept. Theindication of the relationship may include an indication that the one ormore patent claims are mapped to the patent concept. In someembodiments, the search query includes a regular search expression.Further in some embodiments, generating search results may includeretrieving patent claims which include terms from the search query andsynonyms of the terms.

In another example embodiment shown in FIG. 3C, a computer implementedmethod 300C comprises: at block 302C, maintaining a database of patentportfolios and a database of patents, each patent stored in the databaseof patents associated with one or more patent portfolios stored in thedatabase of patent portfolios; at block 304C, receiving a search queryassociated with a first patent portfolio; at block 306C, searching thefirst portfolio as a function of the search query; at block 308C,generating search results, the search results including one or moreindependent patent claims associated with the search query; at block310C, mapping the one or more independent patent claims to at least onepatent concept; and at block 312C, associating the at least one mappedpatent concept to one or more patent claims which are dependent on theone or more independent patent claims.

In some embodiments, the computer implemented method 300C may furthercomprise maintaining a database of ontologies, the ontologies includingone or more patent concepts. The one or more patent concepts may includea technology category. The one or more patent concepts may include ascope concept, the scope concept defining a scope to which a patentclaim is limited.

In some embodiments of the computer implemented method 300C, mapping aplurality of independent patent claims to a patent concept includesdefining the patent concept. Mapping a plurality of independent patentclaims to a patent concept may further includes maintaining a databaseof patent claims, the database of patent claims including the one ormore independent and dependent patent claims, and storing an indicationof a relationship between the patent concept and the one or moreindependent or dependent patent claims in the database of patent claims.The indication of the relationship may include an indication that theone or more independent or dependent claims are not mapped to the patentconcept. The indication of the relationship may include an indicationthat the one or more independent or dependent patent claims are mappedto the patent concept.

The search query may include a regular search expression, and in someembodiments, generating the search results includes retrievingindependent or dependent patent claims which include terms from thesearch query and synonyms of the terms.

Another example method embodiment is shown in FIG. 3D. Here, a computerimplemented method 300D comprises: at block 302D, maintaining a databaseof patent portfolios and a database of patents, each patent stored inthe database of patents associated with one or more patent portfoliosstored in the database of patent portfolios; at block 304D, receivinginput identifying a set of keyword source claims associated with a firstpatent portfolio; at block 306D, automatically extracting at least onekeyword from the source claims; at block 308D, receiving or formulatinga search query associated with the first patent portfolio, the searchquery including the at least one keyword; at block 310D, searching theentire first portfolio as a function of the search query; at block 312D,generating search results, the search results including one or morepatent claims associated with the search query; and at block 314D,mapping the one or more patent claims to a patent concept.

In some embodiments, the computer implemented method 300D may furthercomprise maintaining a database of ontologies, the ontologies includingone or more patent concepts. The one or more patent concepts may includea technology category. The one or more patent concepts may include ascope concept, the scope concept defining a scope to which a patentclaim is limited.

In some embodiments, mapping a plurality of patent claims to a patentconcept includes defining the patent concept. In various embodiments,mapping a plurality of patent claims to a patent concept furtherincludes maintaining a database of patent claims, the database of patentclaims including the one or more patent claims, and storing anindication of a relationship between the patent concept and the one ormore patent claims in the database of patent claims. The indication ofthe relationship may include an indication that the one or more claimsare not mapped to the patent concept. The indication of the relationshipmay include an indication that the one or more patent claims are mappedto the patent concept.

In some embodiments of method 300D, the search query includes a regularsearch expression, and generating the search results may includeretrieving patent claims which include terms from the search query andsynonyms of the terms.

Another example method embodiment is shown in FIG. 3E. A computerimplemented method 300E comprises: at block 302E, maintaining a databaseof patent portfolios and a database of patents, each patent stored inthe database of patents associated with one or more patent portfoliosstored in the database of patent portfolios; at block 304E, receiving asearch query associated with a first patent portfolio; at block 306E,searching the first portfolio as a function of the search query; atblock 308E, generating search results, the search results including oneor more patent claims associated with the search query; at block 310E,generating a claim similarity index for at least one patent claim orportion thereof included in the search results, based on its similarityto at least one other patent claim or portion thereof in the searchresults; at block 312E, identifying, based on the similarity index, oneor more patent claims included in the search results as primary targetsto map a patent scope to; and at block 314E, mapping the one or morepatent claims to the patent concept.

In various embodiments of the computer implemented method 300E, theclaim similarity index is generated by conducting a keyword similarityanalysis on one patent claim or portion thereof included in the searchresults, and at least one other claim or portion included in the searchresults. The claim similarity index may be generated by conducting alinguistic analysis on one patent claim or portion thereof included inthe search results, and at least one other claim or portion included inthe search results.

In some embodiments, the method 300E further comprises maintaining adatabase of ontologies, the ontologies including one or more patentconcepts. The one or more patent concepts may include a technologycategory. The one or more patent concepts may include a scope concept,the scope concept defining a scope to which a patent claim is limited.

In some embodiments, mapping a plurality of patent claims to a patentconcept includes defining the patent concept. The mapping a plurality ofpatent claims to a patent concept may further include maintaining adatabase of patent claims, the database of patent claims including theone or more patent claims, and storing an indication of a relationshipbetween the patent concept and the one or more patent claims in thedatabase of patent claims. The indication of the relationship mayinclude an indication that the one or more claims are not mapped to thepatent concept. The indication of the relationship may include anindication that the one or more patent claims are mapped to the patentconcept.

In various embodiments, the search query includes a regular searchexpression, and generating the search results may include retrievingpatent claims which include terms from the search query and synonyms ofthe terms.

Another example method embodiment is shown in FIG. 3F. A computerimplemented method 300F comprises: at block 302F, maintaining a databaseof patent portfolios and a database of patents, each patent stored inthe database of patents associated with one or more patent portfoliosstored in the database of patent portfolios; at block 304F, receiving asearch query associated with a first patent portfolio; at block 306F,searching the first portfolio as a function of the search query; atblock 308F, generating search results, the search results including oneor more patent claims associated with the search query; at block 310F,mapping the one or more patent claims to a patent concept; at block312F, highlighting any claim terms associated with the patent scopeacross a number of claims; at block 314F, storing the associations; andat block 316F, displaying the highlighted claim terms to a user whensubsequently displaying the one or more mapped patent claims.

Some embodiments of method 300F further include maintaining a databaseof ontologies, the ontologies including one or more patent concepts. Theone or more patent concepts may include a technology category. The oneor more patent concepts may include a scope concept, the scope conceptdefining a scope to which a patent claim is limited.

In some embodiments of method 300F, mapping a plurality of patent claimsto a patent concept includes defining the patent concept. Mapping aplurality of patent claims to a patent concept may further includemaintaining a database of patent claims, the database of patent claimsincluding the one or more patent claims, and storing an indication of arelationship between the patent concept and the one or more patentclaims in the database of patent claims. The indication of therelationship may include an indication that the one or more claims arenot mapped to the patent concept. The indication of the relationship mayinclude an indication that the one or more patent claims are mapped tothe patent concept.

In some embodiments, the search query includes a regular searchexpression, and generating search results may include retrieving patentclaims which include terms from the search query and synonyms of theterms.

For any of the methods described above, a database management system maybe used (DBMS) for storing and retrieving data from a data store whichincludes the database of patents and database of patent portfolios. Insome embodiments, the DBMS is a relational database management system(RDBMS). In some other embodiments, the data store includes storing datain a Resource Description Framework Schema (RDFS). In some embodiments,communication with the data store includes using a language such asStructured Query Language (SQL) or eXtensible Markup Language (XML).

As discussed above, an ontology may include all the metadata (patentconcepts) that one may wish to map to a patent claim. For instance, theone or more patent concepts may include a technology category. The oneor more patent claims may also include a scope concept, the scopeconcept defining a scope to which a patent claim is limited. Keywordsmay also be used as patent concepts. These may be any term or shortphrase that appears in the claim, exactly as it appears in the claim. Asthese terms are taken from the claims, they may be thought of aslimitations in the sense that if the term cannot be read on an accuseddevice, the claim probably does not cover the accused device. Exampleuser interfaces showing scope concepts in an ontology can be seen withreference to FIG. 5.

A user of the system may wish to search a previously created portfolioof patents. A patent portfolio may include patents that a user wishes toanalyze. For example, a portfolio might include all of the patents for acompany ABC Corp (ABC). A portfolio may be stored and defined as apatent set in the patent set database ABC might have receivedinformation on a potential infringing product. In order to find thepatent claims relevant to the product, ABC may wish to map its entirepatent portfolio and use the resulting mapped portfolio to quickly findthe best claims to assert in an infringement lawsuit. However, it mayalso be useful to map the patents of the alleged infringer. Thesepatents may also be added to the portfolio as it is likely ABC's patentsand the alleged infringer's patents will have overlapping subjectmatter.

A search query may help to narrow down the patent. In an exampleembodiment, the search query many include a regular expression. Forexample, if the search query is “*” all the patent claims in the patentportfolio will be displayed. Boolean expressions such as “car && dog”may also be used. In some example embodiments, an option is included toonly search independent claims, dependent claims, or to search both. Insome example embodiments, the portfolio may further be narrowed by usingpatent concepts that have been included in the current ontology.

Portfolio Mapping

FIG. 4 illustrates an example user interface that may be utilized tofacilitate the methods described to map patent claims, according to anexample embodiment. Displayed is the title 402 of a patent portfolio,controls are also illustrated that allow a user to edit to theportfolio, list the patents in the portfolio, “quick rank,” and generatea panoramic claim map. Also shown is the “Default Ontology” 404 beingused. In an example embodiment, “Quick Rank” allows a user to map allthe patent claims in a patent to concepts at the same time. An ontology,in an example embodiment, includes the different concepts available to auser to map to one or more of the patent claims. Further, there is anexample search criteria box 406 which allows a user to specify a searchquery. Included are options to narrow the search by type of claim 408including searching independent claims, dependent claims, or both. Thesearch expression box 410 may allow a user to specify a regularexpression to use as a search query. There is also an option to havekeywords highlighted 412 in the search results. In an exampleembodiment, this may include the searched for keywords or keywords thathave previously been mapped to the claims. Also shown are options tonarrow the search results by technology categories 414 and scopeconcepts 416.

FIG. 5 illustrates example user interfaces showing scope concepts in anontology of the type described above with reference to the disclosedmethods.

FIG. 6 shows an example user interface with example options available tosearch by technology category. An example option is presented allowing auser to search technology categories disjunctively or conjunctively. Inan example embodiment, each technology category in the ontology is shownto the user with three example options “Direct mapped claims,” “DirectMapped or ‘Does Not Map,’” and “Direct Mapped or ‘Unresolved.’”

FIG. 7 shows an example user interface with example options available tosearch by scope concept. In an example embodiment, each scope concept inthe ontology is shown to the user with four example options “Directmapped claims,” “Do not include Direct Mapped or ‘Does Not Map,’”“Direct Mapped or ‘Does Not Map,’” and “Direct Mapped and ‘Unresolved.’”

Referring back to FIGS. 3A-3F, in example embodiments a first portfoliois searched as a function of a search query and search results aregenerated, the search results including one or more patent claimsassociated with the search query. Using the search query provided, aquery may be formatted as an SQL query or other suitable format to querythe underlying databases. Generating the search results may includeretrieving patent claims which include terms from the search query andsynonyms of the terms as well as plural versions of terms in the searchquery.

The results of the query may then be presented to the user in an exampleuser interface as shown in FIG. 4. Only one patent claim is illustrated,however, more patent claims may have resulted from the search and may beshown simultaneous as to have the ability to manipulate multiple patentclaims. Column headings may include four radio buttons 420 signifyingthe options available for mapping, the matter number, the claim number,the claim text, and other technology categories or scope conceptscurrently mapped to the claim. Because the generated search results aresearching an entire portfolio of patents it may be possible that not allof the claims of a given patent will match to the search query. A trioof numbers 422 may also be displayed for each claim in relationship tothe technology category heading and the scope concept heading. Theserepresent the nature of the relationship between the claim and thetechnology category or scope concept. For example, as illustrated, claim1 has two technology categories directly mapped: “space vehicle” and“Electric Device or Method.” It also has one scope concept directlymapped.

Referring back to FIGS. 3A-3F, in example embodiments, a plurality ofpatent claims are mapped to a patent concept. In an example embodiment,in addition to the database of patents and patent portfolios, a databaseof patent claims may be maintained. The database of patent claims may beadministered and interacted with using a DBMS as described above. Asdescribed above, each patent claim may have one or more patent conceptsthat have been mapped to the claim.

As discussed above with reference to narrowing down search results, therelationship between a patent concept and a patent claim may take onmany forms. For example, the relationship may be one where the patentconcept is directly mapped to a patent claim. This may indicate that auser who looked at the claim made the decision that the patent claim wasin a particular technology category, for example. Another relationshipmay indicate that a patent concept is not mapped to a patent claim. If auser is sure that a particular claim is not in a technology category,for example, it may be beneficial for that information to be saved sothat the mapping process is not unnecessarily duplicative.

With reference back to FIG. 4, a user may select one or more patentclaims to map based on the radio buttons displayed. In an exampleembodiment, there are four radio buttons indicating options for theclaim: “Direct Mapped,” “Does Not Map,” “Unresolved,” and “NoOperation.” The first two options are described in detail above. The“Unresolved” radio button may indicate that a user is not sure whetherthe concept should be mapped to the patent claim. This may be helpful incases where the user does not have the legal or technical expertise tomake a decision one way or another. A more senior user may then reviewthe unresolved patent claims en masse at a later time. The last radiobutton may indicate that a user does not wish to have any relationshipdefined between the patent claim and a patent concept. In an exampleembodiment the “No Operation” radio button is selected by default forall the patent claims returned from the search query.

Upon a user indicating a preferred mapping for each patent claim, a usermay further indicate a preference of which category of patent concept tomap. In an example embodiment, there are two categories: technologycategories and scope concepts (e.g., elements 424 and 426 in FIG. 4). Inan example embodiment, a user clicks on the button corresponding totheir preference and this preference is sent to the service device whichdetects the category of concept the user clicked. In response, a userinterface is presented to the user corresponding to his or herpreference. For example, FIG. 8 may be presented.

FIG. 8 illustrates an example search box 802 and an example searchresults 804 section. Across the top is an option to add a new patentconcept 806 (see FIG. 9 for a more detailed look at an example method toadd a patent concept). Other options may include returning to the mainmapping screen (e.g. FIG. 4) or canceling the mapping. In an exampleembodiment, the search box allows a user to search across an entireontology for potential patent concepts. Similar to searching for patentclaims, a user may enter a regular expression such as ‘*’ to retrieveall the concepts included in the present ontology. For example, theresults of the search 804 displayed in FIG. 8 only returns “multipleblades.” A checkbox 808 is presented allowing a user to select theconcept. If there is more than one concept displayed a user may selectmore than one of the concepts by selecting the respective checkboxesnext to the patent concepts. A checkbox 810 at the top of the resultsmay be selected if a user wishes to select all of the concepts returnedfrom the ontology search.

Further example options may be presented to the right of each concept.An option to “modify and map” 812 may be selected if the user wishes tomodify the concept. This may be useful if a user wishes to broaden theconcept so that it may be mapped to more patent claims. For example, anarrow technology category may have been defined as “power computerspeakers.” Rather than a user defining a new technology category of“passive computer speakers,” the user might decide it makes more logicalsense to only have one technology category titled “computer speakers.”In an example embodiment, the user can safely select “modify and map”and change the technology category to “computer speakers.” This maysafely be done because all “powered computer speakers” are also“computer speakers.” In an example embodiment, every patent claim,regardless of which portfolio(s) it may be included in, will be updatedto reflect the modified concept. Thus, it may not be advisable to narrowa concept without being certain every patent claim in the system adheresto the modified concept. In an example embodiment, a warning may bedisplayed to the user explaining the effects of modifying a concept.

In an example embodiment, an indication of a relationship between thepatent concept and the plurality of claims in the database of patentsmay be stored (e.g., updating one or more databases). This may beaccomplished, for example, by the user selecting the map button asdisplayed in FIG. 8. As discussed above, a user may have selectedmultiple patent claims resulting from searching and may have furtherindicated a preference for one or more patents claims to have conceptsdirectly mapped as well as indicated a preference to have one or morepatent claims have patent concepts not mapped. Thus, in an exampleembodiment, the indication of the relationship may include an indicationthat the plurality of patent claims are not mapped to the patentconcept. In an example embodiment, the indication of the relationshipincludes an indication that the plurality of patent claims are mapped tothe patent concept.

In some example embodiments mapping a plurality of patent claims to apatent concept includes defining the patent concept. Defining the patentconcept may be initiated by a user clicking on the example “add_new”button 806 as displayed in FIG. 8. An example user interface that may bepresented to the user in response to this selection is illustrated inFIG. 9. Two example options may be presented, “Save” and “Cancel.” Alsoshown are two input text boxes, “Concept Name” and “Description.” Theconcept name may be the actual concept and may be, for example, either atechnology category or a scope concept. A user may indicate whichcategory of patent concept the new concept belongs using a pull downmenu. The user may further wish to add the concept to an existingontology by selecting one or more ontologies as presented in FIG. 9.

Report and Chart Generation

As described above, the system may allow the generation of visualrepresentation of the data included in the databases to further maximizethe value of concepts to patent claims. In some example embodiments, thevisual representation may be in the form of charts sometimes calledPanoramic Claim Charts which may be interactive. In some exampleembodiments, a method to generate the charts includes formulating aquery to send to one or more databases, the query requesting whether ornot a set of patent claims have been mapped to a set of patent concepts.An additional query may be sent to the databases to determine additionalmetadata about the patent claims including, but not limited to, thefiling data and owner of each patent. Ranking data may be received foreach patent concept retrieved from the databases. In an exampleembodiment, the system generates a relationship between a ranking, apatent concept, and a patent claim and displays the relationship to theuser in the form of a chart. The ranking data may be stored in thedatabase or may be received from a user. In some embodiments, rankingdata may include integer values of disparate range (e.g., 1-10 or 1-100)alphabetical letters (e.g., a grading scale of A-F), or any other meansto characterize a claim or concept.

In an example embodiment, a competitor landscape chart may be generated.An example simple competitor landscape chart is shown in FIG. 10. Shownis the title, patent number, filing data, total claims, each independentclaim, and owner of each patent in a patent set. The patent set mayreflect the patents owned by the competitors of a company requesting themap. The scope concepts that have been mapped to the patent claims inthe patent set may be displayed as rows in the chart. If a scope concepthas been mapped to a patent claim than the intersecting cell between thepatent claim and concept may be filled in, checked, change color,patterned, shaded or otherwise have an indication of the mapping.Additional columns may indicate the competitor that first introduced aconcept as well as the date it was introduced. This may be determined byexamining each patent that has a concept mapped to at least one of theclaims and examining the dates of each of the matching patents. Inaddition, the scope concepts may be sorted by frequency. Each competitormay be assigned a color or other designation such that a user mayquickly determine which company owns each patent as well as whointroduced what concepts first.

In an example embodiment, a product coverage chart may be generated. Anexample product coverage chart is shown in FIG. 11. As with FIG. 10,relevant patent information for patents included in the patent set isdisplayed. Also, displayed is a column titled “Has Feature?” This columnmay have values ranging from one to three signifying the degree to whichthe product includes the concept. For example, a value of three may meanthe product definitely includes the concept and a value of one means theproduct definitely does not relate to the concept. Based on thesevalues, the chart may dynamically update and determine values for theclaim coverage and product coverage rows. For example, SC 1 and SC 5both have a rating of ‘3’ and are present in all of the claims of patent“Title 1.” Thus, “Title 1” has a claim coverage of ‘3’ and a productcoverage value of “potentially applies.” It is only “potentiallyapplies” because it cannot be known for certain whether the patentapplies but only that that SC 1 and SC 5 are present in the claims.However, because scope concepts always describe limitations, if a claimhas two scope concepts mapped, as shown with respect to the claims inpatent “Title 2,” the lowest ratings score will control the claimcoverage. As shown, SC 6 is described as not being present in theproduct and the “Title 2” claims have been mapped to SC 6. Therefore,regardless of the fact the SC 3 has also been mapped and the product hasthis feature, the “Title 2” claims cannot apply to the product as theyare at least limited to SC 6.

This chart may also allow interactivity with a user. This interactivitymay include the user changing the “Has feature” values and the chartautomatically updating the claim coverage and product coverage rows. Forexample, if the SC 1 rating was changed to ‘1,’ the claim coverage valueof the patent “Title 1” may change to “1” signifying the patent does notapply to the product. In some embodiments, any changes that result frominput from the user are highlighted on the chart. This may allow a userto quickly see the effects of potential changes to product coverage.

FIG. 12 illustrates an example freedom to operate chart. In an exampleembodiment, a freedom to operate chart allows a user to quickly seewhich patents may be necessary to obtain licenses from or purchase toproduce a product, sell a service, etc. FIG. 12 is similar to FIG. 11except for in place of a “Has feature?” column there is a “NeedFeature?” column. The values in this column may represent whether ornot, and to what extent, a user believes a feature is necessary in hisor her product. A ‘3’ may indicate that the scope concept is necessary,a ‘2’ may indicate the scope concept is wanted, but not needed, and a‘1’ may indicate the scope concept is not needed. In an exampleembodiment, the “claim status” row shown in FIG. 12 reflects whether apatent in the patent set needs to be licensed or purchased in order forthe user to operate freely. As with the product coverage chart, thelowest value in the “need feature” column controls. Thus, patent “Title1” is not needed even though SC 1 is mapped to all the claims and theuser has indicated the feature is necessary. Similarly to above, a usermay interact with the ratings to see in real-time the impact of removingor adding features in terms of the number of patents needing to belicensed or purchased.

FIG. 13 illustrates an example claim/patent valuation chart. In anexample embodiment, a claim/patent valuation chart allows a user to seewhich patents/claims may be necessary to license, etc., to maximize thevalue of a currently owned patent or patent claim. FIG. 13 is similar toFIG. 11 except the values in the ratings column reflect whether or not ascope concept is necessary to maximize a patent's value. The values inthis column may represent whether or not, and to what extent, a userbelieves a feature is necessary in maximize a patent's value. A ‘3’ mayindicate that the scope concept is necessary, a ‘2’ may indicate thescope concept is wanted, but not needed, and a ‘1’ may indicate thescope concept is not needed. In an example embodiment, the “claim value”row shown in FIG. 13 reflects whether a patent in the patent set needsto be licensed or purchased in order to maximize the user's patent. Aswith the product coverage chart, the lowest value in the rating columncontrols. Thus, patent “Title 1” is not important, even though SC 1 ismapped to all the claims and the user has indicated a high value for SC1. Similarly to the above charts, a user may interact with the chart bychanging the ratings to see in real-time the effects on patents in thepatent set.

FIG. 14 illustrates an example validity chart. In an example embodiment,a validity chart allows a user to see the overlap between a patent and apatent set. FIG. 14 is similar to FIG. 11 except the values in theratings column reflect whether or not a feature is shown in the patentin question (the patent to which the patent set is being compared). Thevalues in this column may represent whether or not, and to what extent,a user believes a feature is present in the patent in question. A ‘3’may indicate that the scope concept is shown, a ‘2’ may indicate thescope concept is possibly shown, and a ‘1’ may indicate the scopeconcept is not shown. In an example embodiment, the claim status rowshown in FIG. 14 reflects the extent to which the patent in question andthe patents in the patent set overlap. Unlike the product coveragechart, if two scope concepts are mapped to a patent, but containdifferent ratings, the feature rating becomes “some overlap”. Thus, eventhough SC 5 has been rated as not shown and mapped to patent “Title 1,”SC 1 is also mapped to the patent but is shown and therefore there issome overlap between the patent in question and patent “Title 1.” Afinding of “complete overlap” may indicate to a user that a patent orclaim is completed anticipated. As above, the user may interact with thechart by changing the ratings to see in real-time the effects on patentsin the patent set.

FIG. 15 illustrates an example white space analysis chart. In an exampleembodiment, a white space analysis chart allows a user to see thefrequency in which scope concepts appear in a patent set. In someembodiments there are scope concepts that are in no patent claims. Thechart may be color coded to allow a user to quickly ascertain the leastfrequently used scope concepts. FIG. 16 illustrates an example whitespace claim generation chart. In an example embodiment the generatedchart illustrates suggested combinations of unclaimed combinations ofexisting scope concepts as well as suggested combinations of new scopeconcepts with existing scope concepts.

Reference is now made to FIG. 17 which shows a user interface 400 thatmay be used to facilitate further mapping methods of the presentinventive subject matter, according to example embodiments. The userinterface 1700 may be displayed by display module 212 described above.The user interface 1700 may be provided in a website, computer monitor,or mobile device. The type of user elements, names, and layout depictedin FIG. 17 are intended to be an illustration of an example userinterface of patent management system 102. Other types of user elements,names, and layouts may be used.

User interface 1700 is illustrated with multiple user interfaceelements. In an example embodiment, a user interface element is agraphical or textual element that a user may interact with to cause anapplication to perform an assigned action for the interface element.Data representing user interface 1700 may be transmitted via network 106and presented on a display of user terminal 104 through the use of a webbrowser. A user (e.g., manager of a patent portfolio, etc.) may interactwith the user interface elements of user interface 1700 through the useof an input device (e.g., stylus, cursor, mouse, a finger) of the userterminal 104. In an embodiment, a user selection is based on thecoordinates of the input device as it makes contact with the display orwhere a user “clicks” the mouse. The coordinates are compared to thecoordinates of the user input element to determine the selection. Thetype of user elements, names, and layout depicted in FIG. 17 areintended to be an illustration of an example user interface of patentmanagement system 102. Other types of user elements, names, and layoutsmay be used. Some elements may be omitted in various embodimentsdepending on the nature of management tool provided.

In general, the user interface elements may include my matters 1702,patent watches 1704, and company watches 1706. These elements may beused to select a context/view of the patent management system 102. Forexample, my matters 1702 lists the patents included within a portfolioof a user, patent watches 1704 lists information on patents that theuser has indicated the patent management system 102 is to watch, andcompany watches 1706 lists information on companies that the user hasindicated the system 102 should watch.

In various embodiments, a prior art overlap mapping tool includesfurther user interface elements which allow a user to input, for exampleat element 1708, the identity of a target entity and the identity of atleast one other entity of interest. This input may be passed to theinput module 214 for searching. The target entity might be an inventorof interest or a client, for example, while the at least one otherentity of interest might be one or more competitors, for example. Theinput module 214, for example, is to search for and identify prior artcited against the patent filings (optionally domestic, foreign or bothtypes of filings) of the identified target and competitor entities, andthe display module 212 is to display the references in a window 1710,for example.

In display windows 1712, 1714, and 1716, the references may be brokendown into listings of references cited against the target and theselected competitors. The references may be aggregated together, or invarious embodiments, further broken down into group listings relating toone or more patents, patent matters or patent portfolios, or in variousembodiments, into groupings relating to one or more domestic or foreigncountries.

In various embodiments, further data relating to the cited references isprovided. In windows 1718 and 1720, specific data relating to one ormore cited references is provided. For example, the name of the owner ofReference A is shown at window 1722 as “x”. Any instances of reverse orback citations of Reference A are shown at window 1724, and instances offorward citations of Reference A at window 1726, for example. Similardetails for Reference B may be shown at windows 1728, 1730 and 1732, forexample.

The cited references found for the target and other entities can beconveniently displayed in a bar chart or other graphic. In an exampleembodiment, numeral 1734 indicates a chart having three bar lines. Eachbar line represents the citation listings for a target entity and twocompetitors A and B identified by a user. Details of each citationlisted in a bar line may be given, but are not shown here in theinterests of clarity. A representation of the prior art overlap can beshown and is here illustrated by arrow 1736 which indicates a zone ofcommonality of references found for each of the target and competitors Aand B. Other zones of commonality, such as indicated by arrow 1738,listing references common to the target and competitor A only, can begiven. At a quick glance, a user can determine which areas of art ortechnology are being cited against or developed by each entity. Invarious embodiments, the zone of commonality can be rechecked at variousintervals so that ongoing trends in the art can be analyzed over time.

Modules, Components and Logic

Certain embodiments are described herein as including logic or a numberof components, modules, or mechanisms. Modules may constitute eithersoftware modules (e.g., code embodied (1) on a non-transitorymachine-readable medium or (2) in a transmission signal) orhardware-implemented modules. A hardware-implemented module is tangibleunit capable of performing certain operations and may be configured orarranged in a certain manner. In example embodiments, one or morecomputer systems (e.g., a standalone, client or server computer system)or one or more processors may be configured by software (e.g., anapplication or application portion) as a hardware-implemented modulethat operates to perform certain operations as described herein.

In various embodiments, a hardware-implemented module may be implementedmechanically or electronically. For example, a hardware-implementedmodule may comprise dedicated circuitry or logic that is permanentlyconfigured (e.g., as a special-purpose processor, such as a fieldprogrammable gate array (FPGA) or an application-specific integratedcircuit (ASIC)) to perform certain operations. A hardware-implementedmodule may also comprise programmable logic or circuitry (e.g., asencompassed within a general-purpose processor or other programmableprocessor) that is temporarily configured by software to perform certainoperations. It will be appreciated that the decision to implement ahardware-implemented module mechanically, in dedicated and permanentlyconfigured circuitry, or in temporarily configured circuitry (e.g.,configured by software) may be driven by cost and time considerations.

Accordingly, the term “hardware-implemented module” should be understoodto encompass a tangible entity, be that an entity that is physicallyconstructed, permanently configured (e.g., hardwired) or temporarily ortransitorily configured (e.g., programmed) to operate in a certainmanner and/or to perform certain operations described herein.Considering embodiments in which hardware-implemented modules aretemporarily configured (e.g., programmed), each of thehardware-implemented modules need not be configured or instantiated atany one instance in time. For example, where the hardware-implementedmodules comprise a general-purpose processor configured using software,the general-purpose processor may be configured as respective differenthardware-implemented modules at different times. Software mayaccordingly configure a processor, for example, to constitute aparticular hardware-implemented module at one instance of time and toconstitute a different hardware-implemented module at a differentinstance of time.

Hardware-implemented modules can provide information to, and receiveinformation from, other hardware-implemented modules. Accordingly, thedescribed hardware-implemented modules may be regarded as beingcommunicatively coupled. Where multiple of such hardware-implementedmodules exist contemporaneously, communications may be achieved throughsignal transmission (e.g., over appropriate circuits and buses) thatconnect the hardware-implemented modules. In embodiments in whichmultiple hardware-implemented modules are configured or instantiated atdifferent times, communications between such hardware-implementedmodules may be achieved, for example, through the storage and retrievalof information in memory structures to which the multiplehardware-implemented modules have access. For example, onehardware-implemented module may perform an operation, and store theoutput of that operation in a memory device to which it iscommunicatively coupled. A further hardware-implemented module may then,at a later time, access the memory device to retrieve and process thestored output. Hardware-implemented modules may also initiatecommunications with input or output devices, and can operate on aresource (e.g., a collection of information).

The various operations of example methods described herein may beperformed, at least partially, by one or more processors that aretemporarily configured (e.g., by software) or permanently to perform therelevant operations. Whether temporarily or permanently configured, suchprocessors may constitute processor-implemented modules that operate toperform one or more operations or functions. The modules referred toherein may, in some example embodiments, comprise processor-implementedmodules.

Similarly, the methods described herein may be at least partiallyprocessor-implemented. For example, at least some of the operations of amethod may be performed by one or more processors orprocessor-implemented modules. The performance of certain of theoperations may be distributed among the one or more processors, not onlyresiding within a single machine, but deployed across a number ofmachines. In some example embodiments, the processor or processors maybe located in a single location (e.g., within a home environment, anoffice environment or as a server farm), while in other embodiments theprocessors may be distributed across a number of locations.

The one or more processors may also operate to support performance ofthe relevant operations in a “cloud computing” environment or as a“software as a service” (SaaS). For example, at least some of theoperations may be performed by a group of computers (as examples ofmachines including processors), with these operations being accessiblevia a network (e.g., the Internet) and via one or more appropriateinterfaces (e.g., Application Program Interfaces (APIs).)

Electronic Apparatus and System

Example embodiments may be implemented in digital electronic circuitry,or in computer hardware, firmware, software, or in combinations of them.Example embodiments may be implemented using a computer program product,e.g., a computer program tangibly embodied in an information carrier,e.g., in a machine-readable medium for execution by, or to control theoperation of, data processing apparatus, e.g., a programmable processor,a computer, or multiple computers.

A computer program can be written in any form of programming language,including compiled or interpreted languages, and it can be deployed inany form, including as a stand-alone program or as a module, subroutine,or other unit suitable for use in a computing environment. A computerprogram can be deployed to be executed on one computer or on multiplecomputers at one site or distributed across multiple sites andinterconnected by a communication network.

In example embodiments, operations may be performed by one or moreprogrammable processors executing a computer program to performfunctions by operating on input data and generating output. Methodoperations can also be performed by, and apparatus of exampleembodiments may be implemented as, special purpose logic circuitry,e.g., a FPGA or an ASIC.

The computing system can include clients and servers. A client andserver are generally remote from each other and typically interactthrough a communication network. The relationship of client and serverarises by virtue of computer programs running on the respectivecomputers and having a client-server relationship to each other. Inembodiments deploying a programmable computing system, it will beappreciated that both hardware and software architectures usuallyrequire consideration. Specifically, it will be appreciated that thechoice of whether to implement certain functionality in permanentlyconfigured hardware (e.g., an ASIC), in temporarily configured hardware(e.g., a combination of software and a programmable processor), or acombination of permanently and temporarily configured hardware may be adesign choice. Below are set out hardware (e.g., machine) and softwarearchitectures that may be deployed, in various example embodiments.

Example Machine Architecture and Machine-Readable Medium

FIG. 18 is a block diagram of machine in the example form of a computersystem 1800 within which instructions for causing the machine to performany one or more of the methodologies discussed herein may be executed.In alternative embodiments, the machine operates as a standalone deviceor may be connected (e.g., networked) to other machines. In a networkeddeployment, the machine may operate in the capacity of a server or aclient machine in server-client network environment, or as a peermachine in a peer-to-peer (or distributed) network environment. Themachine may be a personal computer (PC), a tablet PC, a set-top box(STB), a PDA, a cellular telephone, a web appliance, a network router,switch or bridge, or any machine capable of executing instructions(sequential or otherwise) that specify actions to be taken by thatmachine. Further, while only a single machine is illustrated, the term“machine” shall also be taken to include any collection of machines thatindividually or jointly execute a set (or multiple sets) of instructionsto perform any one or more of the methodologies discussed herein.

The example computer system 1800 includes a processor 1802 (e.g., acentral processing unit (CPU), a graphics processing unit (GPU) orboth), a main memory 1804 and a static memory 1806, which communicatewith each other via a bus 1808. The computer system 1800 may furtherinclude a video display unit 1810 (e.g., a liquid crystal display (LCD)or a cathode ray tube (CRT)). The computer system 1800 also includes analphanumeric input device 1812 (e.g., a keyboard), a user interface (UI)navigation or cursor control device 1814 (e.g., a mouse), a disk driveunit 1816, a signal generation device 1818 (e.g., a speaker) and anetwork interface device 1820.

Machine-Readable Medium

The disk drive unit 1816 includes a machine-readable medium 1822 onwhich is stored one or more sets of data structures and instructions1824 (e.g., software) embodying or utilized by any one or more of themethodologies or functions described herein. The instructions 1824 mayalso reside, completely or at least partially, within the main memory1804 and/or within the processor 1802 during execution thereof by thecomputer system 1800, with the main memory 1804 and the processor 1802also constituting machine-readable media.

While the machine-readable medium 1822 is shown in an example embodimentto be a single medium, the term “machine-readable medium” may include asingle medium or multiple media (e.g., a centralized or distributeddatabase, and/or associated caches and servers) that store the one ormore data structures or instructions 1824. The term “machine-readablemedium” shall also be taken to include any tangible medium that iscapable of storing, encoding or carrying instructions for execution bythe machine and that cause the machine to perform any one or more of themethodologies of the embodiments of the present invention, or that iscapable of storing, encoding or carrying data structures utilized by orassociated with such instructions. The term “machine-readable medium”shall accordingly be taken to include, but not be limited to,solid-state memories, and optical and magnetic media. Specific examplesof machine-readable media include non-volatile memory, including by wayof example semiconductor memory devices, e.g., Erasable ProgrammableRead-Only Memory (EPROM), Electrically Erasable Programmable Read-OnlyMemory (EEPROM), and flash memory devices; magnetic disks such asinternal hard disks and removable disks; magneto-optical disks; andCD-ROM and DVD-ROM disks.

Transmission Medium

The instructions 1824 may further be transmitted or received over acommunications network 1826 using a transmission medium. Theinstructions 1824 may be transmitted using the network interface device1820 and any one of a number of well-known transfer protocols (e.g.,HTTP). Examples of communication networks include a local area network(“LAN”), a wide area network (“WAN”), the Internet, mobile telephonenetworks, Plain Old Telephone (POTS) networks, and wireless datanetworks (e.g., WiFi and WiMax networks). The term “transmission medium”shall be taken to include any intangible medium that is capable ofstoring, encoding or carrying instructions for execution by the machine,and includes digital or analog communications signals or otherintangible media to facilitate communication of such software.

Non-Limiting Embodiments

Although an embodiment has been described with reference to specificexample embodiments, it will be evident that various modifications andchanges may be made to these embodiments without departing from thebroader spirit and scope of the disclosure. Accordingly, thespecification and drawings are to be regarded in an illustrative ratherthan a restrictive sense. The accompanying drawings that form a parthereof, show by way of illustration, and not of limitation, specificembodiments in which the subject matter may be practiced. Theembodiments illustrated are described in sufficient detail to enablethose skilled in the art to practice the teachings disclosed herein.Other embodiments may be utilized and derived therefrom, such thatstructural and logical substitutions and changes may be made withoutdeparting from the scope of this disclosure. This Detailed Description,therefore, is not to be taken in a limiting sense, and the scope ofvarious embodiments is defined only by the appended claims, along withthe full range of equivalents to which such claims are entitled.

Such embodiments of the inventive subject matter may be referred toherein, individually and/or collectively, by the term “invention” merelyfor convenience and without intending to voluntarily limit the scope ofthis application to any single invention or inventive concept if morethan one is in fact disclosed. Thus, although specific embodiments havebeen illustrated and described herein, it should be appreciated that anyarrangement calculated to achieve the same purpose may be substitutedfor the specific embodiments shown. This disclosure is intended to coverany and all adaptations or variations of various embodiments.Combinations of the above embodiments, and other embodiments notspecifically described herein, will be apparent to those of skill in theart upon reviewing the above description.

Notes on the Abstract

The Abstract of the Disclosure is provided to comply with 37 C.F.R. §1.72(b), requiring an abstract that will allow the reader to quicklyascertain the nature of the technical disclosure. It is submitted withthe understanding that it will not be used to interpret or limit thescope or meaning of the claims. In addition, in the foregoing DetailedDescription, it can be seen that various features are grouped togetherin a single embodiment for the purpose of streamlining the disclosure.This method of disclosure is not to be interpreted as reflecting anintention that the claimed embodiments require more features than areexpressly recited in each claim. Rather, as the following claimsreflect, inventive subject matter lies in less than all features of asingle disclosed embodiment. Thus the following claims are herebyincorporated into the Detailed Description, with each claim standing onits own as a separate embodiment.

What is claimed is:
 1. A computer implemented method for assessing atarget subject matte comprising maintaining a database of patentportfolios and a database of patents, each patent stored in the databaseof patents associated with one or more patent portfolios stored in thedatabase of patent portfolios; maintaining a database of ontologies, theontologies including one or more patent concepts in defined groups;receiving a search query associated with a first patent portfolio;arranging keywords extracted from the search query by an order ofimportance; searching the first portfolio as a function of the searchquery using the arranged keywords extracted from the search query;generating search results, the search results including one or morepatent claims associated with the search query; generating a claimsimilarity index for a patent claim of the one or more patent claimsassociated with the search query based on a similarity between thepatent claim and at least one other patent claim of the one or morepatent claims, wherein the claim similarity index is generated based onan evaluation of roots of keywords from a subparagraph of the patentclaim to words of the at least one other patent claim, wherein thekeywords are identified in the subparagraph by filtering out unimportantwords from a text string of the subparagraph of the patent claim;identifying a set of mapping target claims based on the claim similarityindex; mapping the set of mapping target claims to a patent concept in adefined group to generate a mapping result; and providing the mappingresult in a panoramic claim chart, the panoramic claim chart includingcolor-coded indices representing instances of identification of patentconcepts in the target subject matter, and further including the claimsimilarity index, the panoramic claim chart sorted by keyword occurrenceintensity with the arranged keywords on a first axis and the set ofmapping target claims on a second axis, wherein a color-coded index isdisplayed at the intersection of the arranged keywords and a mappingtarget claim of the at least one patent claim based on the mappingresult.
 2. The computer implemented method of claim 1, therein the oneor more patent concepts includes a technology category.
 3. The computerimplemented method of claim 1, wherein the one or more patent conceptsincludes a scope concept, the scope concept defining a scope to which apatent claim is limited.
 4. The computer implemented method of claim 1,wherein mapping a plurality of patent claims to a patent conceptsincludes defining the patent concept and assigning it to one of thedefined groups.
 5. The computer implemented method of claim 1, whereinmapping a plurality of patent claims to a patent concept furtherincludes: maintaining a database of patent claims, the database ofpatent claims including the one or more patent claims; storing anindication of a relationship between the patent concept and the one ormore patent claims in the database of patent claims.
 6. The computerimplemented method of claim 5, wherein the indication of therelationship includes an indication that the one or more claims are notmapped to the patent concept.
 7. The computer implemented method ofclaim 5, wherein the indication of the relationship includes anindication that the one or more patent claims are mapped to the patentconcept.
 8. The computer implemented method of claim 1, wherein thesearch query includes a regular search expression.
 9. The computerimplemented method of claim 1, wherein generating search resultsincludes retrieving patent claims which include terms from the searchquery and synonyms of the terms.
 10. The method of claim 1, wherein theclaim similarity index identifies a patent claim to which a patentconcept can be mapped, the identification based on a similarity of asub-paragraph or element of the one or more patent claims and the patentconcept, or a linguistic analysis of the mapping result.
 11. A systemfor assessing a target subject matter, the system comprising: a databaseof patent sets and a database of patents, each patent stored in thedatabase of patents associated with one or more patent sets stored inthe database of patent sets; a database of ontologies, the ontologiesincluding one or more patent concepts in defined groups; at least oneprocessor; and memory including instructions that; when executed by theat least one processor, cause the at least one processor to performoperations to: receive a search query associated with a first patentset; arrange keywords extracted from the search query by an order ofimportance; search a first patent set as a function of the search queryusing the arranged keywords extracted from the search query; generatesearch results, the search results including one or more patent claimsassociated with the search query and stored in a patent claim database;generate a claim similarity index for a patent claim of the one or morepatent claims associated with the search query based on a similaritybetween the patent claim and at least one other patent claim of the oneor more patent claims, wherein the claim similarity index is generatedbased on an evaluation of roots of keywords from a subparagraph of thepatent claim to words of the at least one other patent claim, whereinthe keywords are identified in the subparagraph by filtering outunimportant words from a text string of the subparagraph of the patentclaim; identify a set of mapping target claims based on the claimsimilarity index; map the set of mapping target claims to a patentconcept in a defined group to generate a mapping result; and provide themapping result in a panoramic claim chart, the panoramic claim chartincluding color-coded indices representing instances of identificationof patent concepts in the target subject matter, and further includingthe claim similarity index, the panoramic claim chart sorted by keywordoccurrence intensity with the arranged keywords on a first axis and theset of mapping target claims on a second axis, wherein a color-codedindex is displayed at the intersection of the arranged keywords and amapping tar et claim of the at least one patent claim based on themapping result.
 12. The system of claim 11, wherein the one or morepatent concepts includes a technology category.
 13. The system of claim11, wherein the one or more patent concepts includes a scope concept,the scope concept defining a scope to which a patent claim is limited.14. The system of claim 11, the memory further comprising instructionsthat, when executed by the at least one processor, cause the at leastone processor to perform operations to accept input defining the patentconcept and assign it to one of the defined groups.
 15. The system ofclaim 11, the memory further comprising instructions that, when executedby the at least one processor, cause the at least one processor toperform operations to store an indication of a relationship between thepatent concept and one or more patent claims.
 16. The system of claim15, wherein the indication of the relationship includes an indicationthat the one or more patent claims are not mapped to the patent concept.17. The system of claim 15, wherein the indication of the relationshipincludes an indication that the one or more patent claims are mapped tothe patent concept.
 18. The system of claim 11, the memory furthercomprising instructions that, when executed by the at least oneprocessor, cause the at least one processor to perform operations togenerate the search results by retrieving patent claims which includeterms from the search query and synonyms of the terms.
 19. The system ofclaim 11, the memory further comprising instructions that, when executedby the at least one processor, cause the at least one processor toperform operations to: construct a mapping object, the mapping objectincluding data detailing a relationship between the one or more patentclaims and the patent concept; and store the mapping object in thepatent claim database.
 20. The system of claim 11, wherein the claimsimilarity index identifies a patent claim to which a patent concept canbe mapped, the identification based on a similarity of a sub-paragraphor element of the one or more patent claims and the patent concept, or alinguistic analysis of the mapping result.
 21. A system for assessing atarget subject matter, the system comprising: a network; databases,accessible on the network, including: at least one database of patentportfolios, and a database of patents, each patent stored in thedatabase of patents associated with one or more patent portfolios storedin the database of patent portfolios, and a database of ontologies, theontologies including one or more patent concepts in defined groups; anda server, operatively connected to the network, wherein the serverincludes: a processor, a memory, software operable on the processor to:receive a search query associated with a first patent portfolio; arrangekeywords extracted from the search query by an order of importance;search the first portfolio as a function of the search query using thearranged keywords extracted from the search query; generate searchresults, the search results including one or more patent claimsassociated with the search query; generate a claim similarity index fora patent claim of the one or more patent claims associated with thesearch query based on a similarity between the patent claim and at leastone other patent claim of the one or more patent claims, wherein theclaim similarity index is generated based on an evaluation of roots ofkeywords from a subparagraph of the patent claim to words of the atleast one other patent claim, wherein the keywords are identified in thesubparagraph by filtering out unimportant words from a text string ofthe subparagraph of the patent claim; identify a set of mapping targetclaims based on the claim similarity index map the set of mapping targetclaims to a patent concept in a defined group to generate a mappingresult; and provide the mapping result in a panoramic claim chart, thepanoramic claim chart including color-coded indices representinginstances of identification of patent concepts in the target subjectmatter, and further including the claim similarity index, the panoramicclaim chart sorted by keyword occurrence intensity with the arran edkeywords on a first axis and the set of mapping target claims on asecond axis, wherein a color-coded index is displayed at theintersection of the arranged keywords and a mapping target claim of theat least one patent claim based on the mapping result.
 22. The system ofclaim 21, wherein the claim similarity index identifies a patent claimto which a patent concept can be mapped, the identification based on asimilarity of a sub-paragraph or element of the one or more patentclaims and the patent concept, or a linguistic analysis of the mappingresult.